Loading...
HomeMy WebLinkAboutZ-3419-B Staff AnalysisNovember 10, 2005 ITEM NO.: C.1 FILE NO.: Z -3419-B NAME: Beverly Hills Place Short -form PCD LOCATION: Located on the Northwest corner of Beverly Hills Drive and Shackleford Road DEVELOPER: A Cut Above Properties, LLC 302 Shackleford Drive Little Rock, AR 72211 ENGINEER: Chambers Construction Company 55 Marcella Drive Little Rock, AR 72223 AREA: 0.648 acres CURRENT ZONING: ALLOWED USES: PROPOSED ZONING: PROPOSED USE: NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF R-2, Single-family and 0-3, General Office District Single-family and General Office PCD C-3, Shopping Center District uses VARIAN CESM/AIVERS REQUESTED: None requested. The applicant submitted a request dated September 8, 2005, requesting this item be deferred to the November 10, 2005, Public Hearing. Staff is supportive of the applicant's deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 29, 2005) The applicant was present representing the request. There were no registered objectors present. Staff presented the item indicating the applicant had submitted a request dated September 8, 2005, requesting the item be deferred to the November 10, 2005, public hearing. Staff stated they were supportive of the applicant's deferral request. November 10, 2005 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z -3419-B There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. A. PROPOSAL/REQUEST: The applicant is proposing the rezoning of this site from 0-3 and R-2 to PCD to allow the construction of a second building on the site and to utilize C-2 uses as allowable uses for the site. The applicant has indicated the development will consist of 28,224 square feet total land area and will involve the construction of a second building on the site containing 3,444 square feet. The total square footage on the site will be 6,676 square feet. Thirty parking spaces will serve the development. No new curb cuts will be added as a result of the development. The existing curb cuts along Beverly Hills Drive and Shackleford Road will continue to provide access to the development. B. EXISTING CONDITIONS: C The site contains a commercial building are commercial businesses located to single-family residences located to the center located to the north of the site. NEIGHBORHOOD COMMENTS: along with a single-family home. There the east across Shackleford Road and south and west. There is a daycare As of this writing staff has received one informational phone call from an area resident. The Walnut Valley Property Owners Association, the Beverly Hills Property Owners Association, along with all property owners located within 200 - feet of the site and all residents who could be identified located within 300 feet of the site were notified of the public hearing. ENGINEERING COMMENTS: Public Works Conditions: 1. Sidewalks with appropriate handicap ramps are required along Beverly Hills Drive in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site 2 November 10, 2005 SUBDIVISION ITEM NO.: C.1 (Cont.) _ _ FILE NO.: Z -3419-B grading, and drainage plans will need to be submitted and approved prior to the start of construction. 4. A Sketch Grading and Drainage Plan will be required per Sec. 29-186 (e). Show all hillside cuts, terracing, and slopes to conform to Land Alteration Regulations. 5. The proposed land use would classify Beverly Hills Drive on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Entergy: A ten -foot utility easement is required along the western perimeter of the site. Contact Entergy at 954-5158 for additional information. Center -Point Energy: Approved as submitted. SBC: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact Carroll Keatts at 377-1226 if you would like to discuss backflow prevention requirements for this project. Contact CAW at 501-372-5161 and request that the account be changed to a commercial account if this change takes place. Fire Department: Install fire hydrants per code. Contact the Little Rock Fire Department at 918-3700 for additional information. County Planning: No comment. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a rezoning from 0-3 and R-2 to PCD to allow for construction of a commercial strip center and allow for C-2 uses on the site. A land use plan 3 November 10, 2005 SUBDIVISION ITEM NO.: C.1 Cont. FILE NO.: Z -3419-B amendment for a change to Commercial is a separate item on this agenda. (LU05-02-01) Master Street Plan: Shackleford Road is shown as a Collector on the Master Street Plan and is built to Minor Arterial standards through this section. A Collector street's primary purpose is to link Local Streets and activity centers to Arterials. Beverly Hills Drive is shown as a Local Residential Street on the plan and not built to current street standards because it is lacking sidewalks. Beverly Hills Drive will require dedication of right-of-way and may be required to be built to Local Commercial Street standards. The primary function of a Local Street is to provide access to adjacent properties. A Local Commercial Street is built to Collector Street standards. Shackleford Road may require dedication of right-of- way and may require street improvements. Bicycle Plan: Existing or proposed Class I, II, or III bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Walnut Valley Neighborhood Action Plan. The Community Redevelopment (Land Use) Goal states, "Maintain and reinvigorate existing retail areas to provide active retail for local residents." This application could complement and strengthen the existing retail uses in the area. The Infrastructure goal is to "Maintain the public rights-of-way and streets to assure safe and pleasurable use." An action statement relates to a need to increase maintenance activity on streets and sidewalks throughout the area. This development should require construction of a sidewalk on Beverly Hills Drive, and improve sidewalks on Shackleford Road. Landscape: 1. Compliance with the City's Landscape and Buffer Ordinances is required. 2. A small portion of the proposed northern land use buffer width is less than the 9 -foot required. The Landscape Ordinance requires a minimum width of 6'-9". Currently, the driveway and a dumpster are proposed within this area. 3. The property to the west is zoned residential, therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the western perimeter of the site. G. SUBDIVISION COMMITTEE COMMENT: (September 8, 2005) The applicant was not present. Staff stated the applicant had contacted them indicating the site plan could potentially change in the next few weeks. Staff stated they recommended the applicant defer the item to the next Subdivision !' November 10, 2005 SUBDIVISION ITEM NO.: C.1 (Cont. [0fe-I AM, Loll.-] Committee meeting. There. was no further discussion of the item and the committee then forwarded the item to the full Commission for final action. SUBDIVISION COMMITTEE COMMENT: (October 20, 2005) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were additional items necessary to complete the review process. Staff requested the applicant provide the days and hours of operation, the proposed screening and the total building height. Staff also expressed concerns that the proposed parking and dumpster were located adjacent to the single-family subdivision located to the west. Public Works comments were addressed. Staff stated sidewalks would be required in accordance with ordinance requirements. Staff also stated a grading permit would be required prior to construction. Landscaping comments were addressed. Staff stated a portion of the northern land use buffer width was less than the 9 -foot required per the zoning ordinance. Staff stated the landscape ordinance required a minimum of 6 -feet 9 -inches. Staff noted comments from the various other reporting departments and agencies; suggesting the applicant contact them individually for further clarification. There was no further discussion of the item and the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the October 20, 2005, Subdivision Committee meeting. The applicant has indicated a six foot screening fence will be placed along the rear of the property adjacent to the single-family residences. A 3.23 foot landscape strip is located along the northern perimeter of the site. The applicant has indicated where the parking and building is existing, the additional landscaping will be difficult to obtain. The applicant has indicated the area behind the existing building will remain as landscaping. The applicant has moved the dumpster away from the residential properties and removed the proposed parking from the rear of the site. The dumpster between the two buildings, near the rear of the existing building. The dumpster will be screened per ordinance requirements. The applicant has not indicated a dedication of right-of-way adjacent to Beverly Hills Drive. The Master Street Plan would require an additional five feet of dedication for a commercial street adjacent to the site. The applicant has 67 November 10, 2005 SUBDIVISION ITEM NO.: C.1 Cont. FILE NO.: Z -3419-B proposed a 20 -foot building line adjacent to Beverly Hills Drive. A ten foot rear yard building setback is proposed adjacent to the residential homes. The applicant is requesting C-2 uses as allowable sues for the site with the exception of the following uses: Ambulance service post, Animal Clinic, Auto glass or muffler shop, Bakery or confectionary shop, Bar, lounge or tavern, Beverage store, Butcher shop, Catering, commercial, Eating place with drive-in service, Fire station, Hotel or motel, Lodge or fraternal organization, Parking, commercial garage, Recycling facility, automated, Private club with dining or bar service, School, business, Service Station, Taxi office, Theater, not drive-in type. Staff is not supportive of the applicant's request. The applicant is proposing to remove an existing single-family home and construct a second commercial building on the site. In addition, the applicant is requesting C-2 uses as allowable uses for the site. Staff does not support the expansion of the non-residential activities into the neighborhood. The original building is zoned 0-3 with a conditional use permit to allow a beauty salon on the site. The office zoning allows for a buffer between the single-family homes and Shackleford Road and the commercial activities in the area. Staff feels the buffer of uses should be maintained. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (NOVEMBER 10, 2005) Mr. Tom Chambers was present representing the request. There were registered objectors present. Mr. Chambers requested the item be deferred to the January 5, 2006, public hearing to allow additional time for his client to meet with the opposition and possibly resolve issues related to the proposed development. A motion was made to waive the By-laws for the deferral request. The motion failed by a vote of 0 ayes, 9 noes and 2 absent. Mr. Chambers stated he felt the development would not encroach into the neighborhood. He stated his clients were trying to straighten a property line along the rear of the site. He stated he did not feel the removal of the one home would cause a negative impact on the adjoining properties. Mr. Paul Staggs addressed the Commission in opposition of the proposed request. He stated he had a petition signed by the adjoining neighbors most directly affected by the proposed rezoning. He stated the area was residential and should remain residential. He stated when the developer removed the home there would be a significant cut on the November 10, 2005 SUBDIVISION ITEM NO.: C.1 (Cont.) _ FILE NO.- Z -3419-B site adjacent to his home. He stated with the development of the site as commercial the character of the neighborhood would be changed. Ms. Kathleen Oleson with the League of Women Voters addressed the Commission in opposition of the proposed request. She stated the cutting of the hill would change the complexion of the neighborhood. She stated with the removal of the hill and the existing single-family home the residents would hear traffic noise from Shackleford that they currently did not hear. She stated she agreed with staff the commercial activities should remain on Shackleford Road and not encroach into the neighborhood. Ms. Mary Ann Moran addressed the Commission in support of the request. She stated she lived directly behind the current salon and was requesting the develop place an eight foot fence along the property line to screen the properties. There was a general discussion concerning the proposed development and the proposed uses of the site. The Commission indicated the development was chipping away at the neighborhood and felt the developer should locate in an area zoned appropriately. A motion was made to approve the request as filed. The motion failed by a vote of 0 ayes, 9 noes and 2 absent. 7 ITEM NO.: 7!C�,- I FILE NO.: Z -3419-B -7 NAME: Beverly Hills Place Short -form PCD LOCATION: located on the Northwest corner of Beverly Hills Drive and Shackleford Road. Zola -3 f ��u n Planning Staff Comments: 1. Provide notification of property owners locatea witnin Zuu-reei or the site, cvrnPIULU with the certified abstract list, notice form with affidavit executed and proof of mailing. 2. The site plan indicates a setback of 10 -feet along the rear of the property adjacent to the single-family homes. For properties zoned commercially the typical minimum setback would be 15 -feet. 3. The site plan indicates activities in the rear of the building adjacent to the single- family homes. Staff would recommend these items, the parking and dumpster, be relocated away from the residential uses. 4. The site plan includes the placement of 30 on-site parking spaces. The ordinance would typically require the placement of 22 on-site parking spaces. 5. Provide the total building height in the general notes section of the proposed site plan. 6. Provide the days and hours of operation for the proposed development in the general notes section of the site plan. 7. Provide details concerning the mechanical equipment. Will the equipment be roof mounted? If so provide a note concerning the required screening to protect the adjoining single-family homes. 8. Any additional site lighting must be low level and directional, directed inward away from residentially zoned property. 9. Provide a Bill of Assurance for Beverly Hills Subdivision from the County Clerks Office, Real Estate Records. This Bill of Assurance may be obtained at the Pulaski County Circuit Clerk's office located at 401 West Markham Street. Variance/Waivers: None requested. Public Works Conditions: 1. Sidewalks with appropriate handicap ramps are required along Beverly Hills Drive in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right- of-way prior to occupancy. 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. �J 4o�k / t ! A Sketch Grading and Drainage Plain will be required per Sec. 29-186 (e). Show all hillside cuts, terracing, and slopes to conform to Land Alteration Regulations. /5. ' The proposed land use would classify Beverly Hills Drive on the Master Street Plan J as a commercial street. Dedicate right-of-way to 30 feet from centerline. Utilities and Fire Department/County Planning: Wastewater: Sewer available, not adversely affected. Entergy: A ten -foot utility easement is required along the western perimeter of the site. Contact Entergy at 954-5158 for additional information. Center -Point _Ener : Approved as submitted. SBC: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW s Cross Connection Section within ten days of installation and annually' thereafter. Contact Carroll Keatts at 377-1226 if you would like to discuss backflow prevention requirements for this project. Contact CAW at 501-372-5161 and request that the account be changed to a commercial account if this change takes place. Fire De artment: Install fire hydrants per code. Contact the Little Rock Fire Department at 918-3700 for additional information. County Planning: No comment. CATA: No comment received. Planning Division: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a rezoning from 0-3 and R-2 to PCD to allow for construction of a commercial strip center and allow for C-2 uses on the site. A land use plan amendment for a change to Commercial is a separate item on this agenda. (LU05-02-01) Master Street Plan: Shackleford Road is shown as a Collector on the Master Street Plan and is built to Minor Arterial standards through this section. A Collector street's primary purpose is to link Local Streets and activity centers to Arterials. Beverly Hills Drive is shown as a Local Residential Street on the plan and not built to current street standards because it is lacking sidewalks. Beverly Hills Drive will require dedication of right-of-way and may be required to be built to Local Commercial Street standards. The primary function of a Local Street is to provide access to adjacent properties. A Local Commercial Street is built to Collector Street standards. Shackleford Road may require dedication of right-of-way and may require street improvements. Bicycle Plan: Existing or proposed Class I, II, or III bikeways are not in the immediate vicinity of the development. Ci Reco nized Nei hborhood Action Plan: The applicant's property lies in the area covered by the Walnut Valley Neighborhood Action Plan. The Community Redevelopment (Land Use) Goal states, "Maintain and reinvigorate existing retail areas to provide active retail for local residents." This application could complement and strengthen the existing retail uses in the area. The Infrastructure goal is to "Maintain the public rights-of-way and streets to assure safe and pleasurable use." An action statement relates to a need to increase maintenance activity on streets and sidewalks throughout the area. This development should require construction of a sidewalk on Beverly Hills Drive, and improve sidewalks on Shackleford Road. Landscape: A small portion of the proposed northern land use buffer width is less than the 9 -foot required. , The Landscape Ordinance requires a minimum width of 6-9". Currently, the driveway and a dumpster are proposed within this area. The property to the west is zoned residential, therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the western perimeter of the site. Revised plat/plan: Submit four (4) copies of a revised preliminary plan (to include the additional information as noted above) to staff on Wednesday, September 14, 2005.